Opinion: State laws don’t need a federal fix – keep government by the people closest to the people

It’s over a thousand miles from the Easternmost point of Texas to Washington, DC as the bird flies, and where birds fly is something we are all thinking about a lot right now. The recent avian flu outbreak underscores the importance of states continuing to have the authority and flexibility to respond decisively to challenges within their agriculture sectors. 

Indeed, the current situation is a sobering reminder of the vital need for state agriculture laws that protect against disease, allow for inspection, and set standards for particular agriculture products sold within the state. While this will look somewhat different in every state, all state officials have a duty to use state authority to protect and serve our citizens — after all, that’s our job. 

So, in these times of significant challenges, Washington, DC should not be trying to tie our hands and make it harder for us to do our job. Yet, right now, some in Congress are pushing to include language in the upcoming Farm Bill that would tie the hands of all 50 states, threaten states’ rights, and potentially erase dozens of current state agriculture laws that exist to protect and serve our citizens. 

These efforts by some in DC are likely well-meaning attempts to address perceived issues with several liberal states doing things with agricultural products we conservatives don't necessarily like. But let’s be clear — a truly conservative response is not to take agricultural authority away from all 50 states and give it to bureaucrats thousands of miles away! Instead, we should trust states and markets, not DC, to deal with any issues.

Government should not just be of the people, by the people, and for the people. It should also, where possible, be closest to the people. State governments are closer to their citizens and, crucially, can respond to the specific needs of their particular state. 

Now, some of these DC folks might say that it will just be a limited seizure of state power, that it will only apply to certain goods or animals — but when has DC ever given itself new powers and then not tried to take more down the road? Some of these folks might say states can keep their state laws that prevent disease, but let’s remember that with a DC “solution,” it would likely be the Secretary of Agriculture deciding what counts as a “disease,” not the states themselves dealing with it.

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No thank you! States shouldn't need a hall pass or permission slip from the Feds every time they want to protect against disease, allow for inspection, or set product standards — it's one of the reasons the Tenth Amendment to the Constitution exists.

The Tenth Amendment is not a postscript to the Constitution but an essential expression of its limits. The Framers understood that good government requires self-restraint; power becomes damaging without self-control. As Ronald Reagan warned us, “The nine most terrifying words in the English language are: ‘I'm from the Government, and I'm here to help."

I encourage my fellow state officials to respectfully remind our friends in Congress that the Federal Government is not the “solution” to every problem — it’s certainly not the “solution” to this one. Our states must be able to maintain their constitutional authority to pass agriculture laws, including those affecting novel diseases, and DC should never ride roughshod over states’ rights to do so. 

An eighth-generation Texas farmer and rancher, Sid Miller is the 12th Commissioner of the Texas Department of Agriculture (TDA). A twenty-four-time world-champion rodeo cowboy, he has devoted his life to promoting Texas agriculture, rural communities and protecting the western heritage of Texas.